In 2016, Lt. Schmitz was charged with two counts of providing false information to law enforcement. The charges alleged that he misled investigators about obtaining narcotics prescriptions and his communications with an individual named John Tennant III. Despite these charges, Sheriff Schwartzenberger allowed Schmitz to continue his duties until the case was resolved. In October 2016, the McKenzie County Board of County Commissioners attempted to discipline Schmitz, but the North Dakota Supreme Court later ruled that the Board did not have the authority to discipline a deputy in the sheriff’s office.
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